Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices 38081 

1References to federal incumbents in this Public 

Notice refer to the individual military departments 

with which 3.45 GHz Service licensees will 

negotiate coordination agreements. 

Total Annual Cost: $1,200,000. 

Privacy Act Impact Assessment: No 

impact(s). 

Nature of Extent of Confidentiality: 

This collection does not address 

information of a confidential nature. 

Needs and Uses: Section 64.904(a) 

states that each incumbent LEC required 

to file a cost allocation manual shall 

elect to either have an attest engagement 

performed by an independent auditor 

every two years, covering the prior two 

year period, or have a financial audit 

performed by an independent auditor 

biennially. In either case, the initial 

engagement shall be performed in the 

calendar year after the carrier is first 

required to file a cost allocation manual. 

See Section 64.904(a)–(c). Instead of 

requiring mid-sized carriers to incur the 

expense of a biennial attestation 

engagement, they now file a certification 

with the Commission stating that they 

are in compliance with 47 CFR 64.901 

of the Commission’s rules, which sets 

out the rules regarding allocation of 

costs. The certification must be signed, 

under oath, by an officer of the 

incumbent LEC, and filed with the 

Commission on an annual basis. Such 

certification of compliance represents a 

less costly means of enforcing 

compliance with our cost allocation 

rules. See 47 CFR 64.905 of the 

Commission’s rules. The requirements 

are imposed to ensure that the carriers 

are properly complying with 

Commission rules. They serve as an 

important aid in the Commission’s 

monitoring program. Section 64.905 

requires mid-sized LECs to file a 

certification with the Commission 

stating that they are complying with 

section 64.901. The certification must be 

signed, under oath, by an officer of the 

mid-sized LEC, and filed with the 

Commission on an annual basis at the 

time that the mid-sized incumbent LEC 

files the annual reports required by 

section 43.21(e)(2). 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2021–15182 Filed 7–16–21; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

[WT Docket No. 19–348; DA 21–645; FRS 

36568] 

The Federal Communications 

Commission and National 

Telecommunications and Information 

Administration: Coordination 

Procedures in the 3.45–3.55 GHz Band 

AGENCY: Federal Communications 

Commission and National 

Telecommunications and Information 

Administration, U.S. Department of 

Commerce. 

ACTION: Notice. 

SUMMARY: The Federal Communications 

Commission’s Wireless 

Telecommunications Bureau (WTB) and 

the National Telecommunications and 

Information Administration (NTIA) 

issue this joint Public Notice to provide 

information about the cooperative 

sharing framework for federal and nonfederal coordination in certain, defined 

areas where and when federal 

incumbents require continued access in 

the 3.45–3.55 GHz band. The Public 

Notice provides information and 

guidance on the overall coordination 

process, as contemplated by the 3.45 

GHz Band 2d R&O, including informal 

pre-coordination discussions, the formal 

process of submitting coordination 

requests, and receiving results from 

relevant federal incumbents. The Public 

Notice also provides a streamlined 

coordination process for high-power 

radar sites. 

ADDRESSES: Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554 and U.S. 

Department of Commerce, National 

Telecommunications and Information 

Administration, 1401 Constitution 

Avenue NW, Washington, DC 20230. 

DATES: Issued on July 19, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Jones at (202) 418–1327 or 

joyce.jones@fcc.gov, Mobility Division, 

Wireless Telecommunications Bureau, 

FCC, or Gabrial Gersten at (202) 482– 

1182 or TransitionPlanS@ntia.gov, 

Strategic Planning Division, Office of 

Spectrum Management, NTIA. 

SUPPLEMENTARY INFORMATION: This is a 

summary of a public notice of the 

coordination procedures in the 3.45– 

3.55 GHz band, released jointly by the 

Federal Communications Commission’s 

Wireless Telecommunications Bureau 

and the United States Department of 

Commerce, National 

Telecommunications and Information 

Administration, WT Docket No. 19–348, 

DA 21–645, on June 2, 2021. The full 

text of this document including all 

Appendices, is available for public 

inspection at the following internet 

address: https://ecfsapi.fcc.gov/file/ 

06021352508295/DA-21-645A1.pdf. 

Alternative formats are available for 

people with disabilities (Braille, large 

print, electronic files, audio format), by 

sending an email to FCC504@fcc.gov or 

calling the Consumer and Governmental 

Affairs Bureau at 202–418–0530 (voice) 

or 202–418–0432 (TTY). 

Synopsis 

I. Introduction 

In March 2021, the Federal 

Communications Commission 

announced a planned auction of new 

flexible-use licenses in the 3.45–3.55 

GHz band (Auction 110). See Auction of 

Flexible-Use Service Licenses in the 

3.45–3.55 GHz Band for NextGeneration Wireless Services; Comment 

Sought on Competitive Bidding 

Procedures for Auction 110, AU Docket 

No. 21–62, Public Notice, 2021 WL 

1086298 (2021); see also Facilitating 

Shared Use in the 3100–3550 MHz 

Band, WT Docket No. 19–348, Second 

Report and Order, Order on 

Reconsideration, and Order of Proposed 

Modification, 2021 WL 1086295 (2021) 

(3.45 GHz Band 2d R&O). Auction 110 

will offer 4,060 new licenses throughout 

the contiguous United States, subject to 

cooperative sharing requirements in 

certain, defined areas where and when 

federal incumbents 1 require continued 

access to the band. The Commission, 

NTIA, and the Department of Defense 

(DoD) are working collaboratively 

towards these goals. By this Public 

Notice, the Commission, through WTB, 

and NTIA, provide (i) information for 

potential bidders in the 3.45 GHz 

Service auction and (ii) guidance to the 

ultimate 3.45 GHz Service licensees and 

the affected federal incumbents 

regarding coordination procedures for 

shared use of the 3.45 GHz band. The 

joint nature of this Public Notice reflects 

the intersecting jurisdictions of the 

Commission (which administers 

spectrum for non-federal uses) and 

NTIA (which administers spectrum for 

federal uses) in the radio spectrum, 

including in this band. 

The Public Notice proceeds as 

follows. In section II, we provide 


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2See NTIA Manual, Annex O (Relocation or 

Sharing by Federal Government Stations in Support 

of Reallocation) § O.5.1 (Negotiation and 

Coordination with Non-Federal Users), citing, e.g., 

47 U.S.C. 923(g)(3)(A)(iv)(II) and (g)(3)(B)(i), 

923(h)(2)(F); see also id. at § 928(d)(3)(B)(i)(II). 

3The DoD will provide notice to licensee(s) via 

their portal account(s) and will post a notice on its 

portal front page, and NTIA will post a similar 

notice on its 3450–3550 MHz web page (https://

www.ntia.gov/category/3450-3550-mhz). 

4See 47 U.S.C. 923(h)(7). Each federal entity that 

requested pre-auction funds attested in its 

Transition Plan that it will, during the transition 

period, make available to a non-federal user with 

appropriate security clearances any classified 

information regarding the relocation process, on a 

need-to-know basis, to assist the non-federal user in 

the relocation process with the eligible federal 

entity or other eligible federal entities. Accord 47 

U.S.C. 928(d)(3)(B)(ii)(4); see also NTIA Manual of 

Regulations and Procedures for Federal Radio 

Frequency Management (NTIA Manual), Annex O 

at §§ O.4.1 ¶ 3, O.6.1, and at Appendix: Common 

Format for Transition Plans, Tab B. 

5See 47 U.S.C. 923(h)(5) (requiring NTIA to 

publish approved plans on its website no later than 

120 days before the start of the auction). See https:// 

www.ntia.gov/category/3450-3550-mhz. 

6https://www.ntia.gov/category/3450-3550-mhz. 

general background information about 

federal/non-federal coordination in the 

areas of the 3.45 GHz band in which 

federal incumbents have spectrum 

assignments. In section III, we provide 

information and guidance on the overall 

coordination process in areas subject to 

coordination, consistent with the 

requirements of the 3.45 GHz Band 2d 

R&O, including informal precoordination discussions and the formal 

process of submitting coordination 

requests and receiving results from 

relevant federal incumbents. 

II. Background 

3.45 GHz Band 2d R&O. On March 17, 

2021, the Commission adopted rules 

governing flexible use of spectrum in 

the 3.45–3.55 GHz band, thereby making 

100 megahertz of mid-band spectrum 

available for flexible-use wireless 

services, including 5G. Under the 

Commission’s framework for the band, 

developed in collaboration with the 

Executive Branch, non-federal systems 

generally will have unencumbered use 

of the entire band across the contiguous 

United States and, with limited 

exceptions, federal systems operating in 

the band may not cause harmful 

interference to non-federal operations in 

the band. In limited circumstances and 

in locations where current incumbent 

federal systems will remain in the band, 

however, non-federal systems will not 

be entitled to protection against harmful 

interference from federal operations 

(and restrictions may be placed on nonfederal operations). These exceptions 

will occur only in geographic areas 

specifically identified as Cooperative 

Planning Areas and Periodic Use Areas. 

Cooperative Planning Areas and 

Periodic Use Areas. Cooperative 

Planning Areas and Periodic Use Areas 

are defined in US Footnote US431B to 

the U.S. Table of Frequency Allocations. 

US431B also identifies the boundaries 

of each of the 33 Cooperative Planning 

Areas, as well as the 23 overlapping 

Periodic Use Areas, by reference to 

either a point and radius or a series of 

coordinates (which create a polygon). 

3.45 GHz Service licensees must 

successfully coordinate their operations 

with federal incumbent(s) before 

commencing operation in any 

Cooperative Planning Area or Periodic 

Use Area. Several statutory provisions 

encourage negotiation, coordination, 

and spectrum sharing between nonfederal users and federal entities.2

Beyond simply coordinating within 

those areas, federal and non-federal 

operators are encouraged to enter into 

mutually acceptable operator-tooperator agreements. Such agreements 

may permit more extensive flexible use 

within Cooperative Planning and 

Periodic Use Areas by adopting a 

technical approach that mitigates the 

interference risk to federal operations. 

The parameters of Cooperative Planning 

and Periodic Use Areas defined in 

US431B are the default, but in practice 

should be a starting point for 

negotiations between flexible-use 

licensees and federal incumbents; more 

expansive use by the flexible-use 

licensee can be agreed to in areas and 

under circumstances or parameters 

acceptable to the federal incumbent. 

Fort Bragg and Little Rock. As noted 

in the 3.45 GHz Band 2d R&O, in all but 

two of the Cooperative Planning and 

Periodic Use Areas, 3.45 GHz Service 

licensees must coordinate with federal 

incumbents across all 100 megahertz of 

spectrum within the areas. In the Fort 

Bragg, North Carolina, Cooperative 

Planning Area and Periodic Use Area, in 

contrast, licensees will only need to 

coordinate in the lower 40 megahertz of 

the band, i.e., 3450–3490 MHz, because 

the federal incumbent will only use the 

lower 40 megahertz of the band in this 

area, leaving the upper 60 megahertz 

unencumbered and available for fullpower, flexible-use operations in 

accordance with the rules adopted 

herein. Thus, licensees in the upper 

portion of the band, i.e., 3490–3550 

MHz, need not coordinate with the 

federal incumbent in the Fort Bragg 

areas. In the Little Rock, Arkansas 

Cooperative Planning Area, for 

approximately the first 12 months 

following the close of the auction for 

this band, licensees will have to 

coordinate with the federal incumbent 

across all 100 megahertz of the spectrum 

within the Little Rock area. After this 

time period, however, licensees will 

only need to coordinate in the lower 40 

megahertz of the band in the Little Rock 

area, as the federal incumbent will 

vacate the upper 60 megahertz, i.e., 

3490–3550 MHz, by that time.3

Information on Incumbent Federal 

Operations. Information about 

incumbent federal operations is 

generally available through the affected 

federal incumbents’ Transition Plans. 

By way of background, federal 

incumbents in the 3.45 GHz band were 

required to develop and submit 

Transition Plans to implement 

relocation or sharing arrangements and 

affected federal incumbents have done 

so. Transition Plans contain information 

on these federal systems, including the 

frequencies used, emission bandwidth, 

system use, geographic service area, 

authorized radius of operation, and 

estimated timelines and costs for 

relocation or sharing. Affected federal 

incumbents are permitted to redact from 

the publicly released Transition Plans 

classified national security information 

and ‘‘other information for which there 

is a legal basis for nondisclosure and the 

public disclosure of which would be 

detrimental to national security, 

homeland security, or public safety or 

would jeopardize a law enforcement 

investigation.’’ 4 NTIA expects to 

publish the publicly available 

Transition Plans on its website no later 

than June 7, 2021.5 Other publicly 

available information from NTIA 

regarding the 3.45 GHz band is also 

available through the same website. 

The 3.45 GHz band currently is used 

by the DoD for high- and low-powered 

radar systems on a variety of platforms 

in the 3 GHz band, including fixed, 

mobile, shipborne, and airborne 

operations, along with testing 

infrastructure and training operations. 

Generally, incumbent federal operations 

in 3.45 GHz band include the following 

categories of systems: 

• High-powered shipborne radars 

• Lower power airborne radars 

• Lower power ground-based radars 

• Testing infrastructure 

• Training operations 

For information on the incumbent 

federal operations, please see the 

Transition Plans and DoD’s Workbook 

and associated file(s) once they are 

published on NTIA’s website.6

Below, we describe the specific 

coordination requirements set forth in 

the 3.45 GHz Band 2d R&O and we 

provide guidance regarding how such 

requirements might be addressed. 


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7References to commercial use in this Public 

Notice refer to non-federal, primary, flexible use of 

the 3.45 GHz band and do not preclude use of the 

band for private mobile radio services. See 47 

U.S.C. 332(d)(3); 47 CFR 20.3. 

III. Coordination Process Guidance 

Before a 3.45 GHz Service licensee 

commences operations in a Cooperative 

Planning Area or Periodic Use Area, it 

must first successfully coordinate with 

the federal incumbent(s) associated with 

that area. The purpose of coordination 

is to facilitate shared use of the band in 

these specified areas and during 

specified time periods. The 

coordination procedures outlined here 

will apply to all 3.45 GHz Service 

licensees seeking to operate in a 

Cooperative Planning Area or Periodic 

Use Area, unless the 3.45 GHz Service 

licensee and the federal incumbent(s) 

have reached a mutually agreeable 

coordination arrangement that provides 

otherwise. Such arrangements could, for 

example, document specific notification 

and activation procedures. Moreover, 

additional coordination requirements, 

procedures, and scenarios may be 

developed, consistent with any 

Administrative Procedure Act or other 

legal requirement that may apply, in 

future public notices, specific operatorto-operator agreements, or other 

mechanisms. We expect 3.45 GHz 

Service licensees and federal 

incumbents to negotiate in good faith 

throughout the coordination process 

(e.g., sharing information about their 

respective systems and communicating 

results to facilitate commercial use 7 of 

the band). 

A. Contact 

The DoD will create an online portal 

through which any 3.45 GHz Service 

licensee that intends to commence 

operations within a Cooperative 

Planning Area or Periodic Use Area 

must initiate formal coordination 

requests for its relevant systems within 

the associated area. 

B. Informal Discussions 

Before a 3.45 GHz Service licensee 

submits a formal coordination request, it 

may share draft proposals or request 

that federal incumbent coordination 

staff discuss draft coordination 

proposals. These discussions are 

voluntary, informal, and non-binding 

and can begin at any time after the 

conclusion of the auction. 3.45 GHz 

Service licensees may discuss their 

proposed deployments and seek 

guidance from the federal incumbent(s) 

on appropriate measures to ensure that 

electromagnetic compatibility (EMC) 

analyses undertaken by the federal 

incumbent(s) produce positive results. 

3.45 GHz Service licensees and federal 

representatives also may develop an 

analysis methodology that reflects the 

characteristics of licensees’ proposed 

deployments and the federal 

incumbents’ operation. These 

discussions also can involve developing 

a process for identification and 

resolution of harmful interference. 

Informal discussions are intended to 

allow federal incumbents and 3.45 GHz 

Service licensees to share information 

about their respective system designs 

and to identify potential issues before a 

formal coordination request will be 

submitted through the DoD’s online 

portal. The federal incumbents 

involved, unless they specify otherwise 

in writing, would not be committing to 

any final determination regarding the 

outcome of the formal coordination. We 

strongly encourage parties to use 

informal, non-binding discussions to 

minimize or resolve basic 

methodological issues upfront, before 

having the 3.45 GHz Service licensees 

submit formal coordination requests. 

The DoD will provide a single point of 

contact on NTIA’s website upon 

conclusion of the auction through 

which a licensee may initiate informal 

discussions. 

C. Formal Coordination 

We provide guidance for the formal 

coordination process below. This 

description is general, and the process 

may differ between federal incumbents 

and is subject to modification by the 

federal incumbents and licensees as 

agreed to on an operator-to-operator 

basis. We expect and encourage federal 

incumbents and 3.45 GHz Service 

licensees to engage in good faith 

coordination. 

1. Initiation 

Coordination shall be initiated by the 

3.45 GHz Service licensee by formally 

requesting access to operate within a 

Cooperative Planning Area or Periodic 

Use Area. This request must be made 

directly through the DoD’s online portal. 

The 3.45 GHz Service licensee must set 

up its portal account and, once 

established, the 3.45 GHz Service 

licensee will receive a user guide and 

training on the use of the portal. 

2. Timing 

No formal coordination for nine (9) 

months. As set forth in the 3.45 GHz 

Band 2d R&O, unless a 3.45 GHz 

Service licensee and the relevant federal 

incumbent otherwise agree, no formal 

coordination requests may be submitted 

until nine (9) months after the date of 

the auction closing Public Notice. 3.45 

GHz Service licensees may request 

informal discussions during this ninemonth time period as described above 

in section B. 

Timing Generally and Affirmative 

Concurrence. Nine (9) months after the 

close of the auction, federal incumbents 

are expected to timely review and 

respond to formal coordination requests. 

We encourage licensees and 

incumbents, through informal 

discussions, to serialize formal 

coordination requests as appropriate to 

avoid an overwhelming influx of 

coordination requests at the conclusion 

of the nine (9) month quiet period. For 

example, a licensee holding licenses in 

multiple Cooperative Planning or 

Periodic Use Areas could provide a 

prioritized list of coordination requests 

to be acted upon by the federal 

incumbent(s). This informal information 

exchange may aid the licensee in 

creating its prioritized list of 

deployments, which is required as part 

of its formal coordination request. We 

also encourage licensees and federal 

incumbents to discuss, as appropriate, 

extended review timelines to the extent 

that the incumbents’ coordination 

resources are exhausted due to a large 

number of requests within a short time 

period after the quiet period. This will 

help maximize the quick and efficient 

review of coordination requests. 

When a licensee submits a formal 

request, the federal point of contact will 

affirmatively acknowledge receipt of the 

request within five (5) calendar days 

after the date of submission. Within ten 

(10) calendar days after the submission 

date, federal incumbent staff will notify 

the 3.45 GHz Service licensee that the 

request is complete or incomplete. 

Unless the federal incumbent finds the 

request incomplete or the federal 

incumbent and 3.45 GHz Service 

licensee agree to a different timeline, the 

federal response (the results letter 

discussed below) is due within sixty 

(60) calendar days after the deadline for 

the notice of completeness. 

Unless otherwise agreed to in writing, 

the requirement to reach a coordination 

arrangement is satisfied only by 

obtaining the affirmative concurrence of 

the relevant federal incumbent(s) via the 

portal. This requirement is not satisfied 

by omission. 

3. Submission Information 

To submit a formal coordination 

request, the 3.45 GHz Service licensee 

must include information about the 

technical characteristics for its base 

stations and associated mobile units 

relevant to operation within the 

Cooperative Planning Area or Periodic 

Use Area. This information should be 


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provided in accordance with the 

instructions provided in the DoD’s 

online portal user’s guide. The types of 

specific information, including the 

likely data fields in the portal, include 

basic technical operating parameters 

(e.g., system technology, mobile EIRP, 

frequency block, channel bandwidth, 

site name, latitude, and longitude). The 

portal will accept uploaded attachments 

that include narratives that explain areawide deployments. 

3.45 GHz Service licensees must 

prioritize their deployments in the 

Cooperative Planning Area or Periodic 

Use Area for each federal incumbent 

when submitting a formal coordination 

request. If a licensee seeks to coordinate 

with multiple systems or multiple 

locations of operation controlled by one 

federal incumbent, it must specify the 

order in which it prefers the federal 

incumbent process the request (i.e., the 

order of systems or geographic 

locations). 

4. Notice of Complete or Incomplete 

Request 

Once a licensee submits a formal 

coordination request, the relevant 

federal incumbent’s coordination staff 

will review the data to ensure that it is 

in the proper format and contains the 

proper content. Federal incumbent 

coordination staff will notify the 3.45 

GHz Service licensee within ten (10) 

calendar days through the portal that its 

formal coordination request is complete 

or incomplete. If the federal incumbent 

coordination staff finds a request to be 

incomplete, it must identify the 

information that the licensee must 

provide in as much specificity as 

possible. We expect that parties will 

work collaboratively to achieve 

completeness in a timely manner. 

5. Coordination Analysis 

As noted above, unless a timely notice 

of incomplete application is sent to the 

3.45 GHz Service licensee (or the parties 

agree to different a timeline), the clock 

for the federal response begins to run on 

the deadline for the notice of 

completeness. The federal response is 

due within sixty (60) calendar days 

thereafter, unless the 3.45 GHz Service 

licensee agrees otherwise. During these 

sixty (60) days, the federal incumbent 

will coordinate with appropriate 

internal units, complete EMC analysis, 

and post the 3.45 GHz Service 

concurrence, partial concurrence with 

operating conditions, or denial. Each 

federal incumbent is responsible for 

ensuring that it completes its internal, 

multi-level review in a timely manner. 

Federal incumbents are encouraged, 

through their designated internal 

coordination point of contact or through 

other means, to ask any questions and 

discuss any issues that arise with the 

3.45 GHz Service licensee. 

Once the designated federal 

incumbent coordinator completes its 

analysis pursuant to the formal 

coordination request, the 3.45 GHz 

Service licensee and the relevant federal 

incumbent field offices will be notified 

automatically when a results letter is 

posted by the federal user in the portal. 

The result of a coordination request will 

be concurrence, partial concurrence 

with operating conditions that specify 

the terms in which the licensee may 

begin operations, or denial of the 

request. Because of the sensitive nature 

of the data involved in much of the EMC 

analysis, the results letter may not 

present details of the analysis, the 

federal frequency assignments affected, 

or timelines. If a federal incumbent does 

not provide a results letter within the 

sixty (60) day-deadline, or within the 

timeline otherwise agreed to by the 3.45 

GHz Service licensee, the 3.45 GHz 

Service licensee may contact NTIA for 

assistance. 

Once a results letter is posted by the 

federal incumbent coordinator in the 

portal, we strongly encourage the 3.45 

GHz Service licensee to acknowledge 

receipt of the letter via the portal. If no 

affirmative acknowledgement is made 

via the portal, the 3.45 GHz Service 

licensee should be aware that the 

federal incumbent coordinator may 

close out the coordination request in the 

portal 60 days after posting the results 

letter. Notwithstanding the 3.45 GHz 

Service licensee’s acknowledgement of 

receipt, if a 3.45 GHz Service licensee 

has questions about the result, it may 

contact the federal incumbent 

coordinator to propose network design 

modifications to help address EMC 

issues raised in the results letter. The 

federal incumbent coordinator may, 

where feasible, review technical 

proposals from the 3.45 GHz Service 

licensee to relieve or resolve a denial, 

partial concurrence or any operating 

condition contained in the results letter. 

Once the 3.45 GHz Service licensee has 

revised its network design, it must 

resubmit a new formal coordination 

request, and the 3.45 GHz Service 

formal coordination process will begin 

again. 

We stress again the benefits of 

informal discussions among 3.45 GHz 

Service licensees and federal 

incumbents, including during the 

formal coordination process. While in 

many cases, federal incumbent staff may 

be unable to provide specific 

information about the protected federal 

operations and are not responsible for 

designing the 3.45 GHz Service system, 

they may offer some suggestions on how 

to address or mitigate the issue, given 

the limited information that can be 

made available on some federal systems. 

If the parties agree that informal 

discussions would be helpful, the sixty 

(60)-day clock will be paused so the 

federal incumbents are not forced to 

formally decline or condition the 

pending, formal coordination request 

within the sixty (60)-day deadline. 

6. Streamlined Coordination Process for 

High-Power Radar Sites 

An optional streamlined framework is 

available to meet the coordination 

requirement associated with some of the 

high-power radar facilities identified 

with an asterisk (*) in footnote US431B 

of 47 CFR 2.106 as set forth in Appendix 

A. The list of sites for which 

streamlined coordination applies will be 

posted on NTIA’s website at the same 

time as the Transition Plans. 3.45 GHz 

Service licensees requesting 

coordination for a Cooperative Planning 

Area have a streamlined option set forth 

in Appendix B of this Public Notice in 

the form of a template coordination 

agreement. Once a 3.45 GHz Service 

licensee completes and delivers (via the 

DoD portal) a signed copy of the 

template agreement set forth in 

Appendix B, and the federal incumbent 

countersigns, the Commission and NTIA 

will deem the coordination requirement 

satisfied for the 3.45 GHz Service 

licenses and Cooperative Planning 

Areas listed in Table A of the 

agreement. Federal incumbents will 

complete and countersign a template 

agreement within thirty (30) calendar 

days of receiving one signed by the 3.45 

GHz Service licensee. Exchange of 

information during execution of these 

coordination agreements may be 

facilitated by use of the DoD portal 

described in section C.1 above. 

7. Periodic Use Areas Operator-toOperator Agreements 

In accordance with the 3.45 GHz 

Band 2d R&O, 3.45 GHz Service 

licensees and federal incumbents are 

expected to develop operator-tooperator agreements to define 

notification processes and timelines 

before commencement of federal 

operations within a Periodic Use Area. 

The operator-to-operator agreement 

could, for example, specify the 

notification process, content, and 

timelines (i.e., the starting and ending 

dates and times of such use). The 

agreements also may specify that the 

3.45 GHz Service licensee and the 

federal incumbent may use a scheduling 

tool to complete the notification process 


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8We note that the dispute resolution process 

detailed in 47 U.S.C. 923(i) references certain 

disputes that may arise between a ‘‘Federal entity’’ 

and a non-federal user. For purposes of this Public 

Notice, such a ‘‘Federal entity’’ is the same as a 

federal incumbent. 

9Membership of a dispute resolution board shall 

be composed of a representative of OMB, NTIA, and 

the FCC, each appointed by the head of his or her 

respective agency. The OMB representative serves 

as the Chair of any board. With respect to the 

resolution of any disputes that may arise, the law 

and NTIA’s rules require a board to meet 

simultaneously with representatives of the federal 

entity and the non-federal user to discuss the 

dispute. 

or agree to technical limitations to 

commercial operations (e.g., reduced 

power levels and antenna pointing 

angles) in lieu of a notification process. 

Upon receipt of a coordination 

request that includes a Periodic Use 

Area, the DoD will contact the licensee 

via the portal to schedule a time to 

discuss establishing an operator-tooperator agreement. Due to the 

complexities of the negotiations, 

operator-to-operator agreements may not 

be finalized during the 60-day 

coordination analysis process. Both 

parties are expected to negotiate in good 

faith. 

In addition, an Incumbent Informing 

Capability (IIC) could be developed to 

facilitate coordination within the 

Periodic Use Areas. The IIC concept is 

a time- and location-based spectrum 

sharing uniform approach that would 

enable federal agencies to submit 

information, reliably and securely, 

about when and where they would be 

employing certain frequencies. This 

scheduling information would inform a 

licensee, allowing commercial network 

providers to adjust operations in near 

real time and avoid harmful 

interference. The goal is to enable 

efficient, secure, and reliable spectrum 

sharing between new commercial 

networks and the incumbent federal 

systems. As part of the DoD’s funded 

Transition Plan, the DoD will develop 

an Automated Sharing Coordination 

System (ASCS) which could be used to 

provide notification of the activation of 

Periodic Use Areas by DoD incumbents. 

All use of these capabilities is 

dependent upon the operator-tooperator agreements. 

D. Dispute Resolution 

Disputes generally—during 

coordination or regarding a sharing 

agreement. If disputes arise during the 

coordination process, we strongly 

encourage parties to negotiate in good 

faith to resolve them. If a 3.45 GHz 

Service licensee believes that a federal 

incumbent is not negotiating in good 

faith, the licensee may seek the 

assistance of NTIA or it can inform the 

Commission. If a federal incumbent 

believes that a 3.45 GHz Service 

licensee is not negotiating in good faith, 

it must nonetheless timely respond to a 

formal request and would have the 

option to seek assistance from NTIA or 

the Commission. We encourage parties 

to enter into operator-to-operator 

agreements that have dispute resolution 

provisions for any or all possible 

disputes. If a dispute arises between an 

incumbent federal incumbent and a 3.45 

GHz Service licensee over an operatorto-operator agreement, provisions 

calling for informal negotiation, 

mediation, or non-binding arbitration 

between the parties will help to clearly 

define and narrow the issues for formal 

agency resolution by NTIA, the 

Commission, or both agencies acting 

jointly, as applicable. 

Certain disputes for which the law 

and NTIA rules allow parties to request 

a dispute resolution board. If a dispute 

arises between a federal entity 8 and a 

3.45 GHz Service licensee regarding the 

execution, timing, or cost of the 

approved Transition Plan, the law 

provides that either the federal entity or 

the non-federal user may request that 

NTIA establish a dispute resolution 

board to resolve the dispute. See Section 

113(i) of the NTIA Organization Act, as 

amended (47 U.S.C. 923(i)). NTIA has 

adopted regulations that govern the 

working of any dispute resolution 

boards established by NTIA. See 47 CFR 

part 301. Those regulations cover 

matters related to the workings of a 

board, including the content of any 

request to establish a board, the 

associated procedures for convening it, 

and the dispute resolution process 

itself.9

The Middle Class Tax Relief and Job 

Creation Act of 2012 requires a board to 

rule on the dispute within thirty (30) 

days after a party has requested NTIA to 

convene the board. As stated in Annex 

O, ‘‘[t]he statute’s 30-day deadline for 

responding to formal dispute resolution 

requests could possibly impact a board’s 

ability to convene, meet with the 

parties, and adequately address complex 

cases.’’ NTIA Manual, Annex O at 

§ O.5.2 ¶ 3. See 47 CFR 301.200(a)(2). At 

the same time, however, the statute and 

Annex O encourage cooperation to 

assure timely transitions between 

federal and non-federal use of the 

spectrum. If and when differences 

surface among federal and non-federal 

parties, NTIA’s rules require the parties 

to make good faith efforts to solve these 

problems on an informal basis before 

submitting a formal request to establish 

a dispute resolution board. Informal 

negotiation, mediation, or non-binding 

arbitration between the parties will help 

to clearly define and narrow the issues 

needed to be brought into the formal 

dispute resolution process. 

The scope of a dispute resolution 

request and, consequently, a board’s 

decision, are limited by law and NTIA’s 

regulations to matters ‘‘regarding the 

execution, timing, or cost of the 

transition plan submitted by the Federal 

entity.’’ 47 U.S.C. 923(i)(1). The statute 

authorizes a dispute resolution board to 

make binding decisions on such matters 

that can be appealed to the United 

States Court of Appeals for the District 

of Columbia Circuit. Id. § 923(i)(7). 

Under NTIA’s rules, the dispute 

resolution board must also ensure that 

its decision does not have a detrimental 

impact on any national security, law 

enforcement, or public safety function 

made known to the board by an agency. 

See 47 CFR 301.220(b); see also NTIA 

Manual, Annex O at § O.5.2 ¶ 4. To 

fulfill that obligation, the board may 

request additional written submissions 

from an agency regarding the impact of 

such a decision on the agency’s 

operations, services, or functions. 

E. Other Coordination Issues 

Sharing of Sensitive and Classified 

Information. The DoD is establishing a 

mechanism for the sharing of sensitive 

and classified information. NTIA 

expects that further details regarding 

this process will be posted on NTIA’s 

website soon. 

Interference Resolution Process. The 

introduction of non-federal, flexible-use 

licenses increases the possibility that 

harmful interference will occur between 

new entrants and incumbent federal 

users. As reflected in the new footnote 

US431B to the Table of Frequency 

Allocations, 3.45 GHz Service licensees 

in both types of coordination areas 

(Cooperative Planning Areas and 

Periodic Use Areas) must not cause 

harmful interference to federal users, 

and federal users should minimize the 

operational effect that they have on nonfederal users. Furthermore, footnote 

US431B also provides that 3.45 GHz 

Service licensees cannot claim 

interference protection within the 

coordination areas, absent an operatorto-operator agreement that specifies 

otherwise. In addition, 3.45 GHz Service 

licensees may be required to ‘‘avoid, 

where possible, interference and 

potential damage to the non-Federal 

operators’ systems.’’ 47 CFR 2.106 

US431B(a). In instances of identified 

harmful interference occurring between 

a federal user and a 3.45 GHz Service 

licensee not addressed by the 

coordination procedures or operator 

agreements, the 3.45 GHz Service 

licensee shall first attempt to resolve the 


lotter on DSK11XQN23PROD with NOTICES1
38086 Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices 

interference directly. If that effort is 

unsuccessful, the 3.45 GHz Service 

licensee, if adversely affected, may 

escalate the matter to the Commission. 

Future Workshops and Workbooks. 

The DoD Transition Plans to be 

published on NTIA’s website will 

provide important information to 

prospective auction participants. They 

will be redacted to remove sensitive 

information as guided by statute. To 

supplement its Transition Plans, the 

DoD will be providing a ‘‘Workbook’’ 

that will offer additional publicly 

releasable information about its 

operations and coordination 

expectations and will be posted on 

NTIA’s website in conjunction with the 

redacted Transition Plans. The 

Workbook will be in the form of an 

Excel spreadsheet containing additional 

information about where the DoD 

anticipates its operations will encumber 

census tracts inside of the Cooperative 

Planning Areas and Periodic Use Areas 

based on frequency block and 

commercial tower height. Its structure 

will be similar to the AWS–3 DoD 

Workbook. As noted in both the NTIA 

letter to the FCC and the 3.45 GHz Band 

2d R&O, the Cooperative Planning Areas 

and Periodic Use Areas are based on 

100-meter commercial towers. The DoD 

will be providing information on 

anticipated encumbered census tracts 

based on both 100-meter and 100-foot 

commercial towers on a frequency block 

basis. Additionally, the DoD will be 

providing anticipated power density 

level curves for the high-power radar 

locations via the mechanism for sharing 

sensitive information described in 

Section E of this Public Notice. 

The DoD is also planning to host a 

public workshop in the July 2021 

timeframe to discuss its Transition 

Plans and the Workbook and answer 

questions. Further details regarding the 

exact date, location, and registration 

information will be made available on 

NTIA’s website in the near future. 

Amy Brett, 

Acting Chief of Staff, Wireless 

Telecommunications Bureau, Federal 

Communications Commission. 

Kathy Smith, 

Chief Counsel, National Telecommunications 

and Information Administration. 

Appendix A 

47 CFR 2.106 US431B 

US431B The band 3450–3550 MHz is 

allocated on a primary basis to the Federal 

radiolocation service and to the non-Federal 

fixed and mobile, except aeronautical mobile, 

services on a nationwide basis. Federal 

operations in the band 3450–3550 MHz shall 

not cause harmful interference to nonFederal operations, except under the 

following circumstances. 

(a) Cooperative Planning Areas. 

Cooperative Planning Areas (CPAs) are 

geographic locations in which non-Federal 

operations shall coordinate with Federal 

systems in the band to deploy non-Federal 

operations in a manner that shall not cause 

harmful interference to Federal systems 

operating in the band. In addition, operators 

of non-Federal stations may be required to 

modify their operations (e.g., reduce power, 

filtering, adjust antenna pointing angles, 

shielding, etc.) to protect Federal operations 

against harmful interference and to avoid, 

where possible, interference and potential 

damage to the non-Federal operators’ 

systems. In these areas, non-Federal 

operations may not claim interference 

protection from Federal systems. Federal and 

non-Federal operators may reach mutually 

acceptable operator-to-operator agreements to 

permit more extensive non-Federal use by 

identifying and mutually agreeing upon a 

technical approach that mitigates the 

interference risk to Federal operations. To the 

extent possible, Federal use in CPAs will be 

chosen to minimize operational impact on 

non-Federal users. The table in paragraph (d) 

identifies the locations of CPAs, including, 

for information, those with high powered 

Federal operations. CPAs may also be 

Periodic Use Areas as described below. 

Coordination between Federal users and nonFederal licensees in CPAs shall be consistent 

with rules and procedures established by the 

FCC and NTIA. 

(b) Periodic Use Areas. Periodic Use Areas 

(PUAs) are geographic locations in which 

non-Federal operations in the band shall not 

cause harmful interference to Federal 

systems operating in the band for episodic 

periods. During these times and in these 

areas, Federal users will require interference 

protection from non-Federal operations. 

Operators of non-Federal stations may be 

required to temporarily modify their 

operations (e.g., reduce power, filtering, 

adjust antenna pointing angles, shielding, 

etc.) to protect Federal operations from 

harmful interference, which may include 

restrictions on non-Federal stations’ ability to 

radiate at certain locations during specific 

periods of time. During such episodic use, 

non-Federal users in PUAs must alter their 

operations to avoid harmful interference to 

Federal systems’ temporary use of the band, 

and during such times, non-Federal 

operations may not claim interference 

protection from Federal systems. Federal and 

non-Federal operators may reach mutually 

acceptable operator-to-operator agreements 

such that a Federal operator may not need to 

activate a PUA if a mutually agreeable 

technical approach mitigates the interference 

risk to Federal operations. To the extent 

possible, Federal use in PUAs will be chosen 

to minimize operational impact on nonFederal users. Coordination between Federal 

users and non-Federal licensees in PUAs 

shall be consistent with rules and procedures 

established by the FCC and NTIA. While all 

PUAs are co-located with CPAs, the exact 

geographic area used during periodic use 

may differ from the co-located CPA. The 

geographic locations of PUAs are identified 

in the table in paragraph (d). Restrictions and 

authorizations for the CPAs remain in effect 

during periodic use unless specifically 

relieved in the coordination process. 

(c) For the CPA at Little Rock, AR, after 

approximately 12 months from the close of 

the auction, non-Federal operations shall 

coordinate with Federal systems in only the 

3450–3490 MHz band segment and the 3490– 

3550 MHz band segment will be available for 

non-federal use without coordination. At Fort 

Bragg, NC, non-Federal operations shall 

coordinate with Federal systems in only the 

3450–3490 MHz band segment. 

(d) The following table identifies the 

coordinates for the location of each CPA and 

PUA. An area may be represented as either 

a polygon made up of several corresponding 

coordinates or a circle represented by a 

center point and a radius. If a CPA has a 

corresponding PUA, the PUA coordinates are 

provided. A location marked with an asterisk 

(*) indicates a high-power federal 

radiolocation facility. If a location includes a 

Shipboard Electronic Systems Evaluation 

Facility (SESEF) attached to a homeport, it 

specifies the associated SESEF. 

TABLE—DEPARTMENT OF DEFENSE COOPERATIVE PLANNING AREAS AND PERIODIC USE AREAS

Location name State CPA PUA Latitude Longitude Radius 

(km) 

Little Rock .................................. AR ............ Yes ........... .................. 37°28′34′′, 37°42′55′′, 36°38′29′′, 

34°57′57′′, 32°09′36′′, 31°51′52′′, 

32°12′11′′, 33°42′22′′, 35°17′35′′, 

36°12′18′′.

94°28′24′′, 88°54′36′′, 87°52′34′′, 

88°09′26′′, 92°06′54′′, 93°10′35′′, 

94°37′07′′, 95°49′52′′, 96°23′06′′, 

96°08′46′′.

N/A 

Yuma Complex (includes Yuma 

Proving Grounds and MCAS 

Yuma).

AZ ............ Yes ........... Yes ........... 33°36′44′′, 34°03′08′′, 34°03′56′′, 

33°26′54′′, 32°51′17′′, 32°16′54′′, 

32°14′39′′, 32°20′06′′, 32°28′30′′, 

32°53′20′′.

115°10′44′′, 114°41′08′′, 114°05′56′′, 

113°03′54′′, 113°02′17′′, 113°45′54′′, 

114°40′39′′, 114°55′06′′, 115°02′30′′, 

115°09′20′′.

N/A 

Camp Pendleton ........................ CA ............ Yes ........... .................. 33°21′46′′ ........................................ 117°25′25′′ ........................................... 50 


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TABLE—DEPARTMENT OF DEFENSE COOPERATIVE PLANNING AREAS AND PERIODIC USE AREAS—Continued 

Location name State CPA PUA Latitude Longitude Radius 

(km) 

Edwards Air Force Base ............ CA ............ Yes ........... Yes ........... 35°19′16′′, 35°17′54′′, 35°11′43′′, 

35°00′52′′, 34°44′17′′, 34°34′16′′, 

34°26′55′′, 34°28′59′′, 34°41′36′′, 

35°07′32′′.

118°03′16′′, 117°26′54′′, 117°15′43′′, 

117°10′52′′, 117°10′17′′, 117°19′16′′, 

117°47′55′′, 118°16′59′′, 118°28′36′′, 

118°25′32′′.

N/A 

National Training Center ............ CA ............ Yes ........... Yes ........... 36°03′31′′, 36°03′09′′, 35°41′46′′, 

35°07′24′′, 34°42′43′′, 34°44′22′′, 

35°02′28′′, 35°34′49′′.

117°00′45′′, 116°20′43′′, 115°44′31′′, 

115°44′09′′, 116°17′58′′, 117°05′19′′, 

117°35′18′′, 117°27′37′′.

N/A 

Naval Air Weapons Station, 

China Lake *.

CA ............ Yes ........... Yes ........... 36°36′42′′, 35°54′45′′, 35°00′01′′, 

34°54′34′′, 35°44′22′′, 36°30′18′′.

117°20′42′′, 116°31′45′′, 116°39′01′′, 

117°26′34′′, 118°17′22′′, 118°07′18′′.

N/A 

Point Mugu ................................. CA ............ Yes ........... Yes ........... 34°06′44′′ ........................................ 119°06′36′′ ........................................... 38 

San Diego * (includes Point 

Loma SESEF range).

CA ............ Yes ........... .................. 33°4′10′′, 32°27′19′′, 32°33′29′′, 

32°47′16′′, 33°1′20′′, 33°20′36′′, 

33°24′36′′, 32°52′54′′, 33°04′10′′.

117°35′40′′, 118°0′37′′, 116°51′8′′, 

116°28′5′′, 116°31′5′′, 116°47′10′′, 

117°0′51′′, 117°9′35′′, 117°35′40′′.

N/A 

Twentynine Palms ..................... CA ............ Yes ........... .................. 34°06′44′′ ........................................ 116°06′36′′ ........................................... 75 

Eglin Air Force Base (includes 

Santa Rosa Island & Cape 

San Blas site).

FL ............. Yes ........... Yes ........... Eglin and Santa Rosa Island: 

30°29′28.5′′, Cape San Blas: 

29°40′37′′.

Eglin and Santa Rosa Island: 

86°45′00′′, Cape San Blas: 

85°20′50′′.

35 

Mayport * (includes Mayport 

SESEF range).

FL ............. Yes ........... .................. 30°23′42′′ ........................................ 81°24′41′′ ............................................. 64 

Pensacola * ................................ FL ............. Yes ........... Yes ........... 30°20′50′′ ........................................ 87°18′40′′ ............................................. 93 

Joint Readiness Training Center LA ............. Yes ........... Yes ........... 31°54′23′′, 31°50′54′′, 31°18′13′′, 

30°46′33′′, 30°29′14′′, 30°46′22′′, 

31°25′16′′.

93°20′53′′, 92°52′46′′, 92°26′31′′, 

92°28′32′′, 93°4′1′′, 93°41′26′′, 

94°3′19′′.

N/A 

Chesapeake Beach * ................. MD ........... Yes ........... Yes ........... 38°39′24′′ ........................................ 76°31′41′′ ............................................. 95 

Naval Air Station, Patuxent 

River: 

CPA .................................... MD ........... Yes ........... Yes ........... 38°26′22′′, 38°51′51′′, 38°28′11′′, 

38°03′40′′, 37°45′33′′, 37°34′34′′, 

37°38′10′′, 38°09′32′′, 38°18′46′′, 

38°26′59′′.

76°14′12′′, 75°48′34′′, 75°28′53′′, 

75°30′31′′, 75°45′50′′, 76°20′09′′, 

76°44′37′′, 76°29′28′′, 76°34′36′′, 

76°26′27′′.

N/A 

PUA .................................... .................. .................. .................. 38°33′38′′, 39°11′10′′, 38°38′51′′, 

37°52′13′′, 37°29′44′′, 37°10′24′′, 

37°20′05′′, 38°01′11′′, 38°20′54′′, 

38°35′47′′.

76°07′29′′, 75°29′28′′, 75°00′40′′, 

75°03′24′′, 75°22′25′′, 76°16′42′′, 

77°06′52′′, 76°36′06′′, 76°46′41′′, 

76°30′02′′.

St. Inigoes * ................................ MD ........... Yes ........... Yes ........... 38°08′41′′ ........................................ 76°26′03′′ ............................................. 87 

Bath * .......................................... ME ............ Yes ........... Yes ........... 44°02′29′′, 43°52′27′′, 43°48′53′′, 

43°32′50′′, 43°27′16′′, 43°44′26′′, 

43°54′57′′, 44°06′56′′, 44°17′2′′, 

44°26′54′′, 44°36′16′′, 44°33′45′′, 

44°57′05′′, 44°56′27′′, 44°32′13′′, 

44°24′08′′, 44°02′29′′.

70°10′41′′, 70°10′29′′, 70°01′6′′, 

69°57′30′′, 69°42′52′′, 69°13′52′′, 

69°24′50′′, 69°25′13′′, 69°16′56′′, 

69°45′13′′, 69°56′50′′, 70°04′01′′, 

70°14′55′′, 70°19′38′′, 70°08′17′′, 

70°36′36′′, 70°10′41′′.

N/A 

Pascagoula * .............................. MS ............ Yes ........... Yes ........... 30°20′42′′ ........................................ 88°34′17′′ ............................................. 80 

Camp Lejeune ........................... NC ............ Yes ........... .................. 34°37′51′′ ........................................ 77°24′28′′ ............................................. 54 

Cherry Point ............................... NC ............ Yes ........... .................. 34°54′57′′ ........................................ 76°53′24′′ ............................................. 38 

Fort Bragg .................................. NC ............ Yes ........... .................. 37°35′01′′, 37°45′56′′, 37°22′33′′, 

36°38′56′′, 34°43′13′′, 33°29′44′′, 

33°24′04′′, 34°01′05′′, 35°27′24′′, 

36°27′46′′.

79°31′19′′, 77°14′14′′, 76°18′30′′, 

75°51′26′′, 76°15′37′′, 78°29′53′′, 

80°29′07′′, 81°23′49′′, 81°37′00′′, 

81°22′49′′.

N/A 

Portsmouth * ............................... NH ............ Yes ........... Yes ........... 42°23′06′′, 42°25′05′′, 42°21′36′′, 

42°18′28′′, 42°13′01′′, 42°06′30′′, 

42°02′54′′, 42°08′03′′, 42°10′25′′, 

42°15′39′′, 42°22′44′′, 42°34′56′′, 

42°52′26′′, 43°13′48′′, 43°31′21′′, 

43°45′21′′, 43°59′20′′, 43°36′10′′, 

43°49′27′′, 43°27′40′′, 43°00′57′′, 

42°44′40′′, 42°51′47′′, 42°33′46′′, 

42°24′24′′, 42°23′06′′.

71°10′23′′, 71°05′43′′, 71°00′54′′, 

70°54′35′′, 70°44′53′′, 70°41′11′′, 

70°37′44′′, 70°33′35′′, 70°20′54′′, 

70°02′39′′, 69°48′42′′, 69°36′01′′, 

69°26′24′′, 69°28′18′′, 69°40′13′′, 

70°01′31′′, 70°30′21′′, 70°52′5′′, 

71°15′22′′, 71°24′47′′, 71°53′01′′, 

71°56′37′′, 71°27′07′′, 71°27′12′′, 

71°21′10′′, 71°10′23′′.

N/A 

Moorestown * ............................. NJ ............. Yes ........... Yes ........... 40°27′26′′, 40°02′54′′, 39°48′19′′, 

39°38′27′′, 39°24′59′′, 39°17′18′′, 

39°22′16′′, 39°29′35′′, 39°54′43′′, 

40°15′03′′, 40°23′29′′, 40°42′46′′, 

40°50′59′′, 40°52′49′′, 40°47′42′′, 

40°33′25′′, 40°27′26′′.

75°42′60′′, 75°55′12′′, 75°55′55′′, 

75°51′48′′, 75°21′41′′, 74°54′09′′, 

74°27′56′′, 74°12′59′′, 74°00′05′′, 

74°06′20′′, 74°08′28′′, 74°21′54′′, 

74°31′36′′, 74°42′53′′, 75°03′00′′, 

75°28′15′′, 75°42′60′′.

N/A 

White Sands Missile Range ...... NM ........... Yes ........... Yes ........... 34°35′05′′, 34°43′50′′, 34°43′17′′, 

34°26′28′′, 32°36′02′′, 31°45′47′′, 

31°18′18′′, 31°27′23′′, 32°38′49′′, 

33°32′40′′.

107°06′05′′, 106°46′50′′, 106°03′17′′, 

105°26′28′′, 104°55′02′′, 105°22′47′′, 

106°06′18′′, 106°54′23′′, 107°25′49′′, 

107°27′40′′.

N/A 

Nevada Test and Training 

Range.

NV ............ Yes ........... Yes ........... 35°58′48′′, 36°38′22′′, 36°22′37′′, 

36°54′03′′, 37°58′01′′, 38°59′48′′, 

38°58′35′′, 37°52′34′′, 36°20′30′′, 

36°21′15′′.

115°31′55′′, 116°23′51′′, 117°41′35′′, 

117°59′18′′, 118°01′17′′, 116°46′01′′, 

114°49′25′′, 113°35′46′′, 113°39′51′′, 

115°14′23′′.

N/A 

Fort Sill ....................................... OK ............ Yes ........... Yes ........... 35°03′39′′, 35°10′31′′, 34°42′54′′, 

34°13′49′′, 34°13′46′′, 34°38′26′′.

99°02′38′′, 98°05′47′′, 97°45′20′′, 

98°05′49′′, 98°56′09′′, 99°16′57′′.

N/A 

Tobyhanna Army Depot ............. PA ............ Yes ........... .................. 41°30′25′′, 41°38′51′′, 41°31′41′′, 

41°11′31′′, 40°52′07′′, 40°44′53′′, 

40°51′43′′, 41°07′40′′.

75°51′60′′, 75°26′33′′, 75°1′39′′, 

74°50′07′′, 75°1′2′′, 75°23′50′′, 

75°48′52′′, 76°00′38′′.

N/A 


lotter on DSK11XQN23PROD with NOTICES1
38088 Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices 

TABLE—DEPARTMENT OF DEFENSE COOPERATIVE PLANNING AREAS AND PERIODIC USE AREAS—Continued 

Location name State CPA PUA Latitude Longitude Radius 

(km) 

Dahlgren * .................................. VA ............ Yes ........... Yes ........... 38°23′10′′, 38°41′25′′, 38°46′14′′, 

38°49′37′′, 38°50′16′′, 38°46′30′′, 

38°49′42′′, 38°54′42′′, 38°55′37′′, 

38°56′05′′, 38°44′45′′, 38°44′22′′, 

38°35′14′′, 38°51′04′′, 38°26′52′′, 

38°22′59′′, 37°59′27′′, 37°47′08′′, 

37°54′01′′, 38°23′10′′.

76°23′21′′, 76°35′56′′, 76°44′44′′, 

76°54′57′′, 76°58′18′′, 77°01′57′′, 

77°04′08′′, 77°7′35′′, 77°12′04′′, 

77°23′5′′, 77°25′23′′, 77°28′48′′, 

77°36′11′′, 78°12′06′′, 78°29′02′′, 

77°42′19′′, 77°28′26′′, 76°53′47′′, 

76°06′14′′, 76°23′21′′.

N/A 

Newport News * ......................... VA ............ Yes ........... Yes ........... 36°58′24′′ ........................................ 76°26′07′′ ............................................. 93 

Norfolk * (includes Fort Story 

SESEF range).

VA ............ Yes ........... .................. 36°56′24′′ ........................................ 76°19′55′′ ............................................. 74 

Wallops Island * ......................... VA ............ Yes ........... Yes ........... 37°51′25′′ ........................................ 75°27′59′′ ............................................. 76 

Bremerton * ................................ WA ........... Yes ........... Yes ........... 47°28′40′′, 47°31′16′′, 47°31′13′′, 

47°34′12′′, 47°45′36′′, 47°59′07′′, 

48°12′20′′, 47°39′46′′, 47°39′12′′, 

47°45′23′′, 47°44′48′′, 47°57′40′′, 

47°31′15′′, 47°35′53′′, 47°27′33′′, 

47°27′07′′, 47°24′25′′, 47°23′07′′, 

47°28′33′′, 46°50′25′′, 46°53′09′′, 

47°28′40′′.

122°31′22′′, 122°31′26′′, 122°32′37′′, 

122°31′52′′, 121°32′28′′, 121°34′09′′, 

121°44′51′′, 122°29′60′′, 122°34′35′′, 

122°38′09′′, 122°45′18′′, 122°59′06′′, 

123°16′23′′, 122°49′28′′, 122°55′25′′, 

122°46′16′′, 122°42′48′′, 122°39′18′′, 

122°33′44′′, 121°49′24′′, 121°44′01′′, 

122°31′22′′.

N/A 

Everett * (includes Ediz Hook 

SESEF range).

WA ........... Yes ........... .................. 47°51′11′′, 47°25′13′′, 47°54′45′′, 

47°36′60′′, 47°51′57′′, 48°35′49′′, 

48°00′8′′, 47°51′10′′.

122°57′47′′, 123°18′6′′, 122°10′13′′, 

121°37′60′′, 121°22′57′′, 122°08′13′′, 

123°29′33′′, 122°57′47′′.

N/A 

Appendix B 

Streamlined Coordination Option— 

Template Agreement Coordination 

Agreement Between [3.45 GHz Service 

Licensee] (‘‘3.45 GHz Service Licensee’’) and 

[Federal Incumbent] (‘‘Federal Incumbent’’) 

1. Introduction 

This Coordination Agreement is between 

[Insert name of 3.45 GHz Service 

Licensee](hereinafter referred to as the ‘‘3.45 

GHz Service Licensee’’), and [Insert name of 

Federal Incumbent] (hereinafter referred to as 

the ‘‘Federal Incumbent’’), and sets forth the 

terms and conditions for their operations in 

the 3.45–3.55 GHz band. 

2. Acknowledgement of Regulations 

All 3.45 GHz Service licensees must accept 

interference caused by the operation of 

Federal Incumbent’s [high-powered radar] 

site(s) and shall protect Federal Agency’s 

high-powered radar operations, as required 

by 47 CFR 27.1602 and 47 CFR 2.106, 

footnote US431B. The parties agree that 

within the Cooperative Planning Areas listed 

in Table A below, the 3.45 GHz Service 

Licensee will coordinate with the Federal 

Incumbent by notifying the Federal 

Incumbent of the 3.45 GHz Service Licensee’s 

intent to commence flexible-use service 

within the Cooperative Planning Area and 

submitting the additional information as 

listed in Section 4 below, prior to use of the 

spectrum. In cases where interference from 

high-powered radar site(s) results in 3.45 

GHz Service Licensee customer complaints, 

the 3.45 GHz Service Licensee will take 

actions to address those complaints and 

employ mitigation methods to reduce the 

likelihood of them reoccurring. 

TABLE A—DESCRIPTION OF LICENSE(S) 

SUBJECT TO THIS AGREEMENT

State, Site, 3.45 GHz Service License Call Sign(s), 

Cooperative Planning Area. 

3. Point-of-contact 

The Federal Incumbent and the 3.45 GHz 

Service Licensee hereby authorize the 

individuals listed in Table B below to serve 

as their Points of Contact (POC) for purposes 

of compliance with the notification and 

communication requirements of this 

Coordination Agreement. 

TABLE B—POINTS OF CONTACT

[Federal Agency] [3.45 GHz service licensee] 

Name: Name: 

Address: Address: 

Phone: Phone: 

4. 3.45 GHz Service Licensee Notification to 

Federal Incumbent 

As required by Section 2 above, the 3.45 

GHz Service Licensee will provide to the 

Federal Incumbent the following 

information: 

• 3.45 GHz Service Licensee’s deployment 

plans in the Cooperative Planning Area; 

• Methods the 3.45 GHz Service Licensee 

plans to use to mitigate interference into its 

base station receivers, and an explanation of 

how the methods will mitigate interference 

from high-powered radar(s) and prevent any 

impaired consumer experience; 

• Contact information for the 3.45 GHz 

Service Licensee’s network operation center 

and local engineering staff; and 

• Assurance that the 3.45 GHz Service 

Licensee will satisfy its obligations to 

provide safety of life services (i.e., 911) on 

bands other than the 3.45 GHz band in the 

Cooperative Planning Area as needed. 

5. Continuing Communications Between 3.45 

GHz Service Licensee and Federal Incumbent 

The parties shall: 

• Address with each other, when the need 

first arises, any consumer complaints 

associated with the 3.45 GHz Service 

Licensee’s operations near Federal highpowered radar(s). This may include the 3.45 

GHz Service Licensee’s development of 

external communication regarding reports of 

interference or interruption of service using 

the 3.45 GHz band. This external 

communication should reflect the 

acknowledgement of regulations in Section 2 

above; and 

• Meet annually to discuss network 

deployments, current and future 

technologies, interference mitigation 

techniques, consumer experiences, and other 

relevant topics necessary to help the Federal 

Incumbent understand the evolving use of 

the band, and its impact upon 3.45 GHz 

Service operations; 

• The above additional interactions can be 

initiated by either POC listed above. 

6. Substantial Changes to High-Powered 

Radar Operations or 3.45 GHz Service 

Deployments 

If either party plans operations that are 

substantially different from the [original] 

concept of operations, the differences must 

be discussed during the annual meeting 

required by Section 5 above unless an 

immediate meeting is required to mitigate 

new and/or unexpected interference. 

7. Sensitive/Proprietary Information 

All information exchanged under this 

Coordination Agreement is considered 

sensitive/proprietary. Any exchange of 

information associated with this 

Coordination Agreement should be marked 

as sensitive/proprietary. 

8. Successful Coordination 

Execution of and compliance with all 

terms of this Coordination Agreement meets 

the regulatory requirement for successful 

coordination in 47 CFR 27.1603. 

Signatories: 

lllllllllllllllllllll

[Federal Incumbent] 

lllllllllllllllllllll

[3.45 GHz Service Licensee] 


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Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices 38089 

1 5 U.S.C. 552(b)(8). 

Date: 

[FR Doc. 2021–14968 Filed 7–16–21; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL RESERVE SYSTEM 

Agency Information Collection 

Activities: Announcement of Board 

Approval Under Delegated Authority 

and Submission to OMB 

AGENCY: Board of Governors of the 

Federal Reserve System. 

SUMMARY: The Board of Governors of the 

Federal Reserve System (Board) is 

adopting a proposal to extend for three 

years, without revision, the Disclosure 

Requirements Associated with the 

Consumer Financial Protection Bureau’s 

(Bureau) Regulation M (FR M; OMB No. 

7100–0202). 

FOR FURTHER INFORMATION CONTACT: 

Federal Reserve Board Clearance 

Officer—Nuha Elmaghrabi—Office of 

the Chief Data Officer, Board of 

Governors of the Federal Reserve 

System, Washington, DC 20551, (202) 

452–3829. 

Office of Management and Budget 

(OMB) Desk Officer—Shagufta Ahmed— 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, New Executive Office Building, 

Room 10235, 725 17th Street NW, 

Washington, DC 20503, or by fax to 

(202) 395–6974. 

SUPPLEMENTARY INFORMATION: On June 

15, 1984, OMB delegated to the Board 

authority under the PRA to approve and 

assign OMB control numbers to 

collections of information conducted or 

sponsored by the Board. Boardapproved collections of information are 

incorporated into the official OMB 

inventory of currently approved 

collections of information. The OMB 

inventory, as well as copies of the PRA 

Submission, supporting statements, and 

approved collection of information 

instrument(s) are available at https://

www.reginfo.gov/public/do/PRAMain. 

These documents are also available on 

the Federal Reserve Board’s public 

website at https://

www.federalreserve.gov/apps/ 

reportforms/review.aspx or may be 

requested from the agency clearance 

officer, whose name appears above. 

Final Approval Under OMB Delegated 

Authority of the Extension for Three 

Years, Without Revision, of the 

Following Information Collection 

Report title: Disclosure Requirements 

Associated with the Consumer Financial 

Protection Bureau’s Regulation M. 

Agency form number: FR M. 

OMB control number: 7100–0202. 

Frequency: On occasion. 

Respondents: The FR M panel 

comprises state member banks with 

assets of $10 billion or less that are not 

affiliated with an insured depository 

institution with assets over $10 billion 

(irrespective of the consolidated assets 

of any holding company); nondepository affiliates of such state 

member banks; and non-depository 

affiliates of bank holding companies 

that are not affiliated with an insured 

depository institution with assets over 

$10 billion. Notwithstanding the 

foregoing, the Bureau, and not the 

Board, has supervisory authority for 

Regulation M with respect to 

automobile leasing over non-banks 

defined as ‘‘larger participants’’ in the 

automobile finance market pursuant to 

12 U.S.C. 5514 (implemented by 12 CFR 

1090.108). 

Estimated number of respondents: 4. 

Estimated average hours per response: 

Lease disclosures, 0.11; Advertising 

rules, 0.42. 

Estimated annual burden hours: Lease 

disclosures, 252; Advertising rules, 7. 

General description of report: The 

Consumer Leasing Act (CLA) and 

Regulation M are intended to provide 

consumers with meaningful disclosures 

about the costs and terms of leases for 

personal property. The disclosures 

enable consumers to compare the terms 

for a particular lease with those for 

other leases and, when appropriate, to 

compare lease terms with those for 

credit transactions. The CLA and 

Regulation M also contain rules about 

advertising consumer leases and limit 

the size of balloon payments in 

consumer lease transactions. 

The Bureau’s Regulation M applies to 

all types of lessors of personal property 

(except motor vehicle dealers excluded 

from the Bureau’s authority under 

Dodd-Frank Act section 1029, which are 

covered by the Board’s Regulation M). 

The CLA and Regulation M require 

lessors uniformly to disclose to 

consumers the costs, liabilities, and 

terms of consumer lease transactions. 

Legal authorization and 

confidentiality: The FR M is authorized 

pursuant to sections 105(a) and 187 of 

the Truth in Lending Act (TILA), which 

require that the Bureau prescribe 

regulations regarding the disclosure 

requirements relating to consumer lease 

transactions. The FR M is mandatory. 

Because the disclosures and records 

comprising the FR M are maintained at 

each banking organization, the Freedom 

of Information Act (FOIA) would only 

be implicated if the Board obtained such 

records as part of the examination or 

supervision of a banking organization. 

In the event the records are obtained by 

the Board as part of an examination or 

supervision of a financial institution, 

this information may be considered 

confidential pursuant to exemption 8 of 

the FOIA, which protects information 

contained in ‘‘examination, operating, 

or condition reports’’ obtained in the 

bank supervisory process.1

Current actions: On April 16, 2021, 

the Board published an initial notice in 

the Federal Register (86 FR 20155) 

requesting public comment for 60 days 

on the extension, without revision, of 

the FR M. The comment period for this 

notice expired on June 15, 2021. The 

Board did not receive any comments. 

Board of Governors of the Federal Reserve 

System, July 13, 2021. 

Michele Taylor Fennell, 

Deputy Associate Secretary of the Board. 

[FR Doc. 2021–15287 Filed 7–16–21; 8:45 am] 

BILLING CODE 6210–01–P 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The public portions of the 

applications listed below, as well as 

other related filings required by the 

Board, if any, are available for 

immediate inspection at the Federal 

Reserve Bank(s) indicated below and at 

the offices of the Board of Governors. 

This information may also be obtained 

on an expedited basis, upon request, by 

contacting the appropriate Federal 

Reserve Bank and from the Board’s 

Freedom of Information Office at 

https://www.federalreserve.gov/foia/ 

request.htm. Interested persons may 

express their views in writing on the 

standards enumerated in the BHC Act 

(12 U.S.C. 1842(c)). 

Comments regarding each of these 

applications must be received at the 

Reserve Bank indicated or the offices of 

the Board of Governors, Ann E. 

Misback, Secretary of the Board, 20th 

Street and Constitution Avenue NW, 


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